Defendants are not guilty.

1. Defendant B was an employee of the G Co., Ltd. (hereinafter “G”) who developed the said land and constructed the building, and H was the actual operator of G.

H and F, around 2002, purchased the above land owned by G and constructed a new building “I” (hereinafter referred to as “I”) by executing and constructing it. After the ownership of the land remains F as it is and completed in the name of F, the registration of ownership preservation of the building was completed, H and F agreed to acquire the ownership of the land and the building to be transferred to F with the money of KRW 3.4 billion after H sold the I building in lots and paid the F with the money.

Since then, H completed the I building in around 2004, but the sales performance was low. For the revitalization of the sale of commercial buildings, I prepared a lease contract of KRW 300 million for the three houses of the above building in the name of Defendant A, registered as a business operator under the name of Defendant A and operated JM in order to promote the commercial buildings by operating the I building Nos. 112, 113, and 114, and sell or sell the building by extending the extended funds. In order to have the Defendant A, who was an employee of G, operate the MMM in the trade name of “JM”, the construction of facilities, such as cooling chills and dicks, etc. at the expense of G, and on June 17, 2005, he prepared a lease contract of KRW 300 million for the three houses of the above building without receiving the lease deposit.

그런데 피고인 A가 G의 직원으로서 J마트를 운영하는 것임에도 불구하고 마트 내 공산품을 자신이 구입한 것을 기화로 마치 J마트가 자신의 소유인 것처럼 행세하자, H은 말썽의 소지를 없애기 위하여 2005. 7. 27. J마트를 피고인 B에게 양도하되, G의 비용으로 설치한 냉장고 등 J마트 시설물과 내부설비 공사비용 등을 합한 1억 원을 양도대금으로 하고, 나머지...